Scheme to defraud is a serious white-collar crime in Florida involving allegations of an organized plan to obtain money, property, or services through deception or false pretenses. These cases are aggressively prosecuted because they often involve multiple alleged victims, large financial losses, and extended periods of conduct.
Unlike isolated fraud accusations, scheme to defraud charges focus on an alleged pattern of behavior. Prosecutors frequently rely on financial records, electronic communications, contracts, and witness testimony to argue that the accused engaged in a deliberate and ongoing plan to deceive others. In many cases, defendants dispute both the intent and the characterization of routine business or personal conduct as criminal fraud.
If you are being investigated or charged with scheme to defraud in Florida, the consequences can be severe. These cases carry felony penalties, potential prison time, and long-term damage to your reputation and livelihood.
Gainesville Scheme to Defraud Defense Lawyer
If you have been accused of scheme to defraud in Florida, you need to act quickly to protect your future. A conviction can result in lengthy prison sentences, massive restitution orders, and permanent harm to your professional standing.
Dean Galigani of the Galigani Law Firm has years of experience defending clients in Gainesville and throughout Florida against complex financial and fraud-related charges. He understands how prosecutors attempt to prove fraudulent intent, how financial evidence is interpreted, and how to challenge overbroad allegations of criminal schemes.
Contact the Galigani Law Firm today at (352) 375-0812 for a free consultation if you are facing scheme to defraud charges in Gainesville, Ocala, Lake City, or surrounding areas.
Information Center
- Definition of Scheme to Defraud Under Florida Law
- Common Scheme to Defraud Allegations
- Penalties for Scheme to Defraud in Florida
- Defenses to Scheme to Defraud Charges
- Role of a Florida Scheme to Defraud Defense Attorney/a>
- Key Elements the Jury Considers
- Frequently Asked Questions
- Additional Resources
Definition of Scheme to Defraud Under Florida Law
Scheme to defraud in Florida is governed primarily by Florida Statute § 817.034, also known as the Florida Communications Fraud Act. The statute criminalizes engaging in a systematic, ongoing course of conduct with intent to defraud one or more persons of property or financial benefit through false or fraudulent pretenses.
Key components of the offense include:
- A scheme or organized plan
- Intent to defraud
- Use of misrepresentations, false statements, or deceptive practices
- Obtaining, or attempting to obtain, money or property
Prosecutors do not need to prove that every alleged victim was actually defrauded, only that the scheme existed and was intended to deceive.
Common Scheme to Defraud Allegations
Scheme to defraud charges often arise from allegations involving:
- Business or investment operations accused of misleading customers
- Real estate or contractor disputes
- Insurance or benefits claims
- Online sales or marketing activities
- Alleged misuse of client or investor funds
- Employment-related financial misconduct
- Multi-transaction fraud allegations
Many cases involve legitimate business disputes that prosecutors later characterize as criminal schemes.
Penalties for Scheme to Defraud in Florida
Penalties depend largely on the total value of the alleged fraud and the number of alleged victims.
Third-Degree Felony: If the total value of property obtained is under $20,000.
Potential penalties include:
- Up to 5 years in Florida State Prison
- Up to $5,000 in fines
- Permanent felony criminal record
Second-Degree Felony: If the total value is $20,000 or more but less than $100,000.
Potential penalties include:
- Up to 15 years in Florida State Prison
- Up to $10,000 in fines
First-Degree Felony: If the total value is $100,000 or more.
Potential penalties include:
- Up to 30 years in Florida State Prison
- Up to $10,000 in fines
Additional Consequences
Beyond incarceration and fines, scheme to defraud convictions may result in:
- Court-ordered restitution
- Asset forfeiture
- Loss of professional licenses
- Immigration consequences for non-citizens
- Severe reputational and business harm
Defenses to Scheme to Defraud Charges
- Lack of intent to defraud: Scheme to defraud charges require proof of specific intent to deceive. Business failures, poor judgment, or broken promises do not automatically equate to criminal fraud. If the defendant acted in good faith or believed representations were accurate, the charge may fail.
- No scheme or pattern of conduct: Isolated incidents or single transactions do not necessarily constitute a “scheme.” Prosecutors must prove an organized, ongoing course of conduct rather than one disputed event. Defense counsel often challenges improper aggregation of unrelated actions.
- Truthful or non-deceptive representations: Statements that are opinions, projections, or estimates are not inherently fraudulent. The defense may show that representations were substantially true or disclosed risks. Without false pretenses, the statute does not apply.
- Legitimate business or contractual dispute: Many scheme to defraud cases arise from failed businesses or dissatisfied customers. Civil disputes do not automatically become criminal cases. Defense counsel emphasizes the absence of criminal intent and the availability of civil remedies.
- Insufficient or circumstantial evidence; Prosecutors often rely on assumptions based on outcomes rather than proof of intent. Gaps in documentation, inconsistent witness statements, or lack of direct evidence can create reasonable doubt.
- Unlawful searches or seizures: Financial records, emails, and digital evidence must be lawfully obtained. Overbroad warrants or unconstitutional searches may result in suppression of key evidence.
Role of a Florida Scheme to Defraud Defense Attorney
- Analyzing financial records and transaction history: A defense attorney reviews banking activity, contracts, invoices, and communications to identify legitimate explanations for alleged conduct. This analysis often reveals lawful business practices prosecutors misinterpret as fraud. Financial clarity is essential to dismantling scheme allegations.
- Challenging intent and misrepresentation claims: Fraud cases hinge on intent. Defense counsel focuses on what the defendant believed and intended at the time of the transactions, not on hindsight. Without proof of deceptive intent, the prosecution’s case weakens significantly.
- Limiting improper aggregation of conduct: Prosecutors often group transactions together to inflate charge severity. An attorney challenges whether aggregation is legally appropriate and factually supported. Reducing the alleged amount can dramatically lower sentencing exposure.
- Reviewing investigative methods and warrants: Scheme to defraud cases frequently involve extensive digital searches and subpoenas. Defense counsel scrutinizes these methods for constitutional violations. Suppression of improperly obtained evidence can be case-dispositive.
- Negotiating with prosecutors: When evidentiary weaknesses exist, an attorney may seek dismissal, reduction of charges, or alternative resolutions. Many cases resolve favorably once intent and scheme elements are challenged. Early negotiation can prevent felony convictions.
- Trial representation in complex fraud cases: At trial, defense counsel challenges financial assumptions, witness credibility, and speculative inferences. Jurors must understand complex transactions, and clear defense presentation is critical. Skilled advocacy can establish reasonable doubt where prosecutors rely on confusion.
Key Elements the Jury Considers
To convict, the prosecution must prove beyond a reasonable doubt that:
- A scheme or organized plan existed
- The defendant intended to defraud
- False or deceptive representations were used
- Property or money was obtained or attempted to be obtained
- The evidence was lawfully obtained
Failure to prove any element requires acquittal.
Frequently Asked Questions
Is scheme to defraud the same as theft?
No. Scheme to defraud focuses on deceptive conduct over time, not just taking property.
Can I be charged even if some victims were repaid?
Yes. Repayment does not automatically eliminate criminal liability.
Can business disputes lead to criminal charges?
Yes, but many such cases are defensible when intent is lacking.
Should I speak to investigators if contacted?
You should consult a criminal defense attorney before making any statements.
Additional Resources
Florida Statute § 817.034 – Florida Communications Fraud Act – This statute defines scheme to defraud offenses and establishes felony thresholds based on value.
Florida Bureau of Financial Investigation – Provides general information on how financial crimes are investigated in Florida.
U.S. Department of Justice – Fraud Section – Offers insight into how fraud and scheme-based prosecutions are structured.
Finding a Scheme to Defraud Defense Attorney in Gainesville, Florida
Scheme to defraud charges can result in decades of prison exposure and devastating financial consequences. These cases are often built on assumptions about intent and business conduct rather than clear proof.
Dean Galigani of the Galigani Law Firm represents individuals charged with scheme to defraud throughout Gainesville, Alachua County, Ocala, Lake City, and surrounding areas of Florida.
If you are under investigation or facing scheme to defraud charges, contact the Galigani Law Firm today at (352) 375-0812 for a free consultation and immediate legal guidance.
